UNITED STATES COURT OF APPEALS FOR THE D.C. CIRCUIT


DEBERRY, LILLIE MAY

v.

FIRST GOVT MTGE


97-7211b

D.C. Cir. 2000


*	*	*


Opinion for the Court filed Per Curiam.




__________

n * Former Circuit Judge Wald was a member of the panel at the  time of
oral argument, but did not participate in this decision.


Per Curiam: The facts of this case are set out fully in  DeBerry v.
First Gov't Mortgage & Investors Corp., 170 F.3d  1105 (D.C. Cir.
1999). As relevant here, appellant Lillie May  DeBerry brought an
action alleging that appellee First Gov- ernment had violated the
District of Columbia Consumer  Protection Procedures Act, D.C. Code s
28-3904(r), by fi- nancing and refinancing her home with four mortgage
loans  containing unconscionable terms and conditions. The district 
court dismissed DeBerry's claims relating to loans made in  1991 and
1992, finding them barred by the statute of limita- tions. The
district court also granted summary judgment to  appellee First
Government with respect to DeBerry's other  CPPA claims solely on the
ground that the CPPA does not  apply to real estate mortgage finance


In DeBerry, this court certified to the District of Columbia  Court of
Appeals the question whether D.C. Code  s 28-3904(r) applies to real
estate mortgage finance transac- tions. See id. at 1110. This court
also held that assuming  the CPPA does apply to such transactions, the
district court  erred in dismissing DeBerry's claims relating to the
1991 and  1992 loans before discovery could be conducted. See id. at 
1110-11.


On December 30, 1999, the D.C. Court of Appeals answered  the certified
question, holding that section 28-3904(r) of the  CPPA does apply to
real estate mortgage finance transac- tions. DeBerry v. First Gov't
Mortgage & Investors Corp.,  743 A.2d 699, 703 (D.C. 1999), reh'g en
banc denied (May 16,  2000). Accordingly, DeBerry's CPPA claims
relating to loans  made in 1991 and 1992 are reinstated and the
district court's  grant of summary judgment to First Government on all
of  DeBerry's other CPPA claims is reversed.


So ordered.